M3 - Learner Manual

3. Manage responsibilities in relation to law reform

This unit describes the performance outcomes, skills and knowledge required to monitor legislation that impacts Indigenous clients and organisations and to implement changes in workplace operations in response to legislative changes.

In Australia, law reform occurs in a variety of ways. For instance, legislation may be created, amended or repealed by the federal and state legislatures. Often these legislative changes reflect new societal values and needs. For example, development in internet technology has required the enactment of new laws to deal with the myriad of issues associated with internet use and social media. This type of law reform generally takes place over a long period of time. In contrast to this, law reform may also occur as a result of high profile incidents/events that receive widespread media coverage and result in public demand for government action. The Bikie laws, anti-terrorism laws and one-punch manslaughter laws are recent examples of such law reform. Unfortunately, this type of law reform is often a knee-jerk reaction of the government to public pressure. When the government rushes legislation through the legislature under such conditions, there is a significant risk the result will be bad law.

A further process of law reform in Australia is that which occurs through the Common Law. Changes in the law brought about through major decisions of Judges are less predictable and less able to be controlled than legislative reform. However, often governments will introduce new legislation or amend existing legislation in response to important court decisions which touch on matters of public interest. The decision of the Australian High Court in Mabo v Queensland (No 2)[1992][1] and the subsequent enactment of the Native Title Act 1993 (Cth) is such an example.

For the most part, law reform is the result of extensive political discourse on issues that are taken up on the State and/or Federal Government’s policy agenda. Political debate over law reform is influenced heavily by the media, public perception, lobby groups and Law Reform Commissions (both national and state).[2] Law reform is often heavily politicised and has much to do with the balance of political power in the State and Federal governments at any given time. The introduction of mandatory sentencing for certain offences, or the excising of parts of Australia for the purpose of processing asylum-seekers, are examples of the legislature changing the law to accord with political values.

Throughout this unit you will learn about the structure and function of Law Reform Commissions. Law Reform Commissions exist at a national and state/territory level. They are important bodies which assist the law reform process by carrying out research, undertaking consultation with relevant stakeholders and writing reports. Importantly, these reports consider the appropriateness of the current legal framework and put forward recommendations to the government on how to enhance this framework.

Understanding law reform processes and developing the skills to participate in these processes is empowering and an important step towards effecting important changes.